Renter refers to any individual, company or organisation receiving the service i.e. renting an item through Pinlend;
Intellectual Property (IP) means all intellectual property rights of whatever nature anywhere in the world conferred under statute, common law or equity and includes rights in respect of or in connection with copyright, whether or not registered or registrable and includes the right to apply for or renew the registration of such rights;
deposit means the security deposit given
by the Renter as a condition of its rental for the item of equipment determined
by the Lender.
Pinlend, we and our refer to Pinlend (ABN: 81502577422);
Pinlend member means any individual who has registered to be a member of the Pinlend platform;
Website means the website https://pinlend.com or any other website owned or operated by Pinlend;
You and your refers to any individual, company or organisation that has visited, read or is using the Website and/or the/it’s associated products or services.
2. ABOUT THE WEBSITE
Pinlend operates an online rental marketplace platform that allows a ‘Lender’ to rent out Sports and outdoor equipment to a ‘Renter’ via the Website. The following Terms govern your use of the Services and your use of the Pinlend Platform.
2.1. Welcome to pinlend.com (the 'Website'). The Website facilitates interactions between two parties:
(a) Renter (the 'Receiver'); and
(b) Lender (the 'Provider'),
making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (collectively, referred to as the 'Services').
2.2. The Website is provided and operated by Pinlend (ABN: 81502577422). Access to and use of the Website, or any of its associated products or Services, is provided by Pinlend. Please read these terms and conditions of use (the 'Terms') and any third party terms referenced herein or brought to your attention during your use of the Website and/or its associated products of services.
2.4. Pinlend reserves the right to review and change any of the Terms by updating this page at its sole discretion at any time. Any changes to the Terms will take immediate effect from the date of their publication. Your access and use of the Website after Pinlend makes any changes constitutes your acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Websites and any of its associated products of Services immediately.
3. ACCEPTANCE OF TERMS
You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Pinlend in the user interface. Before you continue, we recommend you keep a copy of the Terms for your records. When Pinlend updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms.
4. THE WEBSITE OR SERVICES - USER ACCOUNT/ USER PROFILE/ MEMBER ACCOUNT
4.1. In order to access the Services, both the Receiver ‘Renter’ and the Provider ‘Lender’ are required to register for an account through the Website (the “User Account”/”User Profile”/”Member Account”).
4.2. As part of the registration process, or as part of your continued use of the Services, you are required to provide Pinlend with personal information about yourself (such as identification for verification and contact details), including:
(a) Full name;
(b) Residential, Business or Organisational Address;
(c) Email address;
(d) Preferred username;
(e) Profile display picture (for member verification purposes);
(f) Mailing address;
(g) Contact Telephone number;
(h) Credit card information which will be stored by Stripe’s Payment platform
(i) Password; and
(j) Social Media account access (Facebook, Instagram & Twitter) for sharing and member verification.
(k) A photograph of the front and back of a Government issued identification document (Passport, Current Driver’s License, Proof of Age card).
4.3. If you are a business or organisation, in order to create a Member Account, you may be required to provide Pinlend with:
(a) Your personal information such as you name, your email address, your contact number, and the email address that you would like to link to your account;
(b) your firm’s details such as the name of your organisation, the address of your organisation, a short description of your organisation;
(c) your title at the organisation;
(d) the location of your organisation;
(e) Social Media account access (Facebook, Instagram & Twitter);
Once your application is submitted, Pinlend will approve your application as quickly as possible. This will depend on the number of applicants, approval time can range from 24 hours to 3 business days.
4.4. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
4.5. You warrant that any personal and/or registration information you provide to Pinlend will always be accurate, correct and up to date.
4.6. You understand that by supplying Pinlend with your address, email address and phone number, you may receive regular emails, newsletters, or SMS updates from Pinlend in order to keep you informed about Pinlend activities. If you do not wish to receive updates or manage notifications from Pinlend, you may contact Pinlend at firstname.lastname@example.org.
4.7. You may not register an account, accept the Terms; and may not use the Services if:
(a) you are not of legal age to form a binding contract with Pinlend (i.e. under the age of 18); or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4.8. By registering for a Member Account or using the Services, you represent and warrant to Pinlend that:
(a) you have reached the legal age in your jurisdiction;
(b) you have the right, authority and capacity to agree to and abide by the Terms and Conditions of Use;
(c) if you are registering with Pinlend or using the Services on behalf of a business or organisation, that business is taken to have accepted the Terms and you are taken to have been duly authorised to bind the business; and
(d) you will use the website in a manner consistent with any and all applicable laws, regulations and all other Pinlend policies.
5. YOUR OBLIGATIONS AS A MEMBER
5.1. As a Member, you agree to comply with the following:
(a) Not to share your User/Member Account with any other person, except where you are registering on behalf of a business or organisation, in which case you may share the Member Account with employees or other registered owners of the business for the operation needs of that business.
(b) use the Website only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) must not post any threatening, abusive, defamatory, obscene, inappropriate or indecent material;
(d) use the Pinlend service to intentionally deceive other members;
(e) maintain the confidentiality of your Member Account and all the activities under your account;
(f) notify Pinlend immediately following any unauthorised use of your Member Account or password of another Member at any time;
(g) not expressly or impliedly impersonate another individual, Member or use the Member Account password of another Member at any time;
(h) subject to clause 5.1(a), access and use of the Website is limited, non-transferable and allows for the sole use of the website by you for the purposes of providing or receiving the Services;
(i) not to use the Website or Member Account for any illegal and/or unauthorised use, including, but not limited to, collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(j) that commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of your Member Account or the provision of the Services to you. Appropriate legal action will be taken by Pinlend for any illegal or unauthorised use of the Website;
(k) any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Listings') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(l) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
(m) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Pinlend; and;(n) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
6. REASONABLE USE
6.1. Your access to and use of the Services is limited to reasonable use. Reasonable use means that the volume of data, frequency of use and concurrency of use does not interfere with Pinlend customer’s use of the Service. Pinlend may, at its sole discretion, terminate your right to access and use the Service in the event that you breach this reasonable use provision.
7. USING THE WEBSITE AS THE RECEIVER or 'RENTER' (i.e. Individual, Business or Organisation)
When you agree as a Renter to book an item from a Lender, you acknowledge that you are entering into a separate contract with the Lender and that such contract with the Lender includes a promise by you to comply with the Lenders' Rules and these Terms.
7.1. You also acknowledge that the Lender is in no way acting under the control, or on behalf of Pinlend, that your agreement to rent any item from the Lender is solely with the Lender, and you agree not to make any claim or assertion that Pinlend is in any way liable or responsible for any loss or liability caused by you in relation to any act or omission by the Lender.
7.2. You agree that you are solely responsible for your compliance with the Renters' Rules and terms, fully liable for any non-compliance with the Renters' Rules and any compensation due to the Lender in respect of any such non-compliance, including ensuring that you’ve agreed that the item offered for rental matches the description in the listing.
7.3. You further acknowledge that Pinlend does not have: (i) any responsibility for your compliance with the Renter's Rules; (ii) any obligation to underwrite any liability you may have for non-compliance, or (iii) any obligation to compensate the Lender for any breach of your agreement with the Lender in any way.
7.4. You understand that we do not review sports and outdoor equipment on the Pinlend platform, or endorse or guarantee the accuracy of any listing and associated information that may be listed on the Website or Services; and;
7.5. Make any representation or guarantee in relation to the equipment you rent via the platform, including and not limited to its suitability for your requirements;
7.6. You must NOT (and must ensure that any other person using the equipment item(s) does not):
(a) use the item of equipment for any illegal purpose, including in a manner that would breach road safety legislation or the criminal law;
(b) use the item of equipment in a way, or to support an activity, for which it is not designed for;
(c) use the item of equipment in an unsafe, reckless or dangerous manner, or in a manner that would present any undue safety risk to any other individuals;
(d) attempt to sell, rent or dispose of the item of equipment (or any such associated accessories provided with the equipment rental) or register any interest in that item of equipment under the Personal Property Securities Act 2009.
7.7. You must (and must ensure that any person using the item(s) of equipment):
(a) Ensure the item of equipment is always kept safe and secure;
(b) Keep the item of equipment clean and in a proper working condition;
(c) Use all reasonable efforts to avoid theft or loss of, or damage to the item of equipment
(d) Immediately report any theft or loss of, or damage to, the item of equipment to the ‘Lender’ and to Pinlend.
7.8. Cancellation of booking request
(a) Pinlend may cancel the booking request without any penalty to the Renter if the item of equipment becomes unavailable or due to the actions or conduct of the associated Lender.
7.9. Pickup and delivery
(a) the arrangements for pickup or delivery must be made using the ‘Services’ communication messaging service. Pinlend is not involved in other activities that may be arranged outside of the above mentioned. A written trail of communication may be used for the deliberation in the unlikelihood that a dispute arises between the two parties.
7.10. Prior damage to the item
(a) at the initial handover of the item of equipment, you the ‘Renter’ must note any pre-existing damage or issues with the equipment and take photographic evidence of the damage using a smartphone (photos must be time-stamped and dated). Details of this damage must be provided to Pinlend within 24 hours of the pickup/delivery time of the item.
7.11. Renter responsibility
(a) you the ‘Renter’ are responsible for the item of equipment during the rental period. The risk for loss, damage or theft is solely the responsibility of you the ‘Renter’ from the start of the rental period until the item is returned to the ‘Lender’.
7.12. Condition of item of equipment
(a) you must return the item of equipment in the same condition as it were at the start of the rental period, excluding reasonable wear and tear and any pre-existing damage or issues identified at the time of pick-up/delivery.
(b) if there is any loss, damage or theft of the item of equipment during the rental period, or a failure to return the item at the end of the rental period, you agree that:
i. you will forfeit the cash deposit, if applicable, and your credit card will be charged to the amount of the deposit if necessary;
ii. you have agreed to making this payment at the time of renting out the relevant item of equipment;
iii. you have made the appropriate declaration via a tick box on the Website or Services at the time of the transaction; and
iv. your credit card details are held on file by our third-party platform payment provider Stripe for this purpose.
7.13. Refund of cash deposit if required by Lender
(a) other than where there is a loss, damage or theft to the item of equipment notified by the Lender, or if you fail to return the item of equipment at the end of the rental period, the cash deposit will be released back to you at the exchange of the item between Lender and Renter at the end of the rental period.
7.14. Early return of item before the end of rental period
(a) if by any means you return the item of equipment to the Lender before the end of the rental period, you will not receive any refund or adjustment of the Total Fee that has transacted between both parties.
7.15. you full understand that if the item of equipment is not returned at the time and date agreed with you the ‘Renter’, the ‘Lender’ may report the item of equipment as stolen.
8. USING THE WEBSITE AS THE PROVIDER or 'LENDER' (i.e. Individual, Business or Organisation)
This clause 8 sets out the legal terms between Pinlend and each individual ‘Lender’ in relation to the rental of Sport’s and Outdoor equipment using the Website or Services. Any references to “you” or “your” in this clause 8 refers to the ‘Lender”.
When you agree as a Lender to lend an item to a Renter, you acknowledge that you are entering into a separate contract with the Renter and that such contract with the Renter includes a promise by you to comply with the Lenders' Rules and these Terms.
8.1. You also acknowledge that the Renter is in no way acting under the control, or on behalf of Pinlend, that your agreement to lend any item to the Renter is solely with the Renter, and you agree not to make any claim or assertion that Pinlend is in any way liable or responsible for any loss or liability suffered by you in relation to any act or omission by the Renter.
8.2. You agree that you are solely responsible for your compliance with the Lenders' Rules and terms, fully liable for any non-compliance with the Lenders' Rules and any compensation due to the Renter in respect of any such non-compliance, including ensuring that the item offered for rental matches the description in your listing.
8.3. You further acknowledge that Pinlend does not have:
(i) any responsibility for your compliance with the Lender's Rules;
(ii) any obligation to underwrite any liability you may have for non-compliance, or (iii) any obligation to compensate the Renter for any breach of your agreement with the Renter in any way.
8.4. to post a listing for an item of equipment, you must list it on the Pinlend Website or Services and include listing title, price (day, week, month), Delivery method (pickup, delivery), description, availability, item rules, condition of item, cash deposit (valuable items), item location, current photographs of item and any other relevant details.
8.5. Lender responsibilities
(a) you must ensure that your listing accurately describes the item of equipment and will not present any undue safety risk to the Renter (or any other individual);
(b) by listing an item of equipment on our Website or Services, you represent and warrant that:
i. you own the item of equipment or have the direct consent from the original owner to rent it out;
ii. you are not aware of the item of equipment being subject to ban or product recall, after having made reasonable inquiries with Product Safety Australia and Product Safety Recalls;
iii. the item of equipment is otherwise compliant with Australian Standards;
iv. the information you have provided in your listing on the Website or Services is accurate, genuine, not misleading or deceptive; and
v. you are not infringing the intellectual property rights of any person when posting photos or other details of the item of equipment.
8.6. You also understand that Pinlend does not:
i. review the items of equipment posted on our Website or Services, or endorse or guarantee the accuracy of any listing posted to our Website or Services; and
ii. guarantee that the Lender will be able to find Renters via the Website or Services.
8.7. you may rent out the item of equipment via the Website or Services for any period it considers appropriate (day, week, month), provided it is not less than one (1) day.
8.8. you have the option to rent out the item of equipment to the Renter by accepting a rental booking request through the Website or Services.
8.9. you are free to decide:
(a) the price of the rental
(b) the duration of the rental
(c) the condition of the item
(d) the delivery method either Shipping (delivered) or Pickup
(e) the availability of the item
(f) any item rules associated with the item
(g) a cash deposit for valuable items
(h) the location of the item
(i) to whom you will rent the item of equipment to
8.10. Handover exchange of equipment item and payment
(a) you must, through the ‘Website’ or ‘Services,’ confirm with the Renter arrangements for the exchange of the equipment item via either Pickup/Delivery. We, Pinlend are not involved in any activities other than facilitating the direct Pickup/Delivery;
(b) you must ensure that the item of equipment is clean, in safe working condition and fit for the purpose for which it is designed to be used prior to the handover;
(c) you must exchange the item of equipment at the time and date agreed with the Renter as part of either the Pickup/Delivery method agreed upon;
(d) during the exchange of the item of equipment with the ‘Renter’ you must confirm any pre-existing damage or issues with the piece of equipment and take photographic evidence of the damage using a smartphone (photos must be time-stamped and dated). Details of this damage must be provided to Pinlend prior to the pickup/delivery time of the item of equipment;
(e) you must use reasonable efforts to show the Renter how to use the item of equipment and answer any queries that the Renter may have;
(f) we will, for each item of equipment rented out via the ‘Website’ or ‘Services’ (as shown on Pinlend at the time of transaction), pay you:
i. your proportion of the rental amount charged to the renter (after deducting Pinlend’s service fee); and
ii. any delivery fees that you charge for Delivery;
(g) the rental service period commences from the exchange of the item of equipment between the Lender and Renter and continued for the duration agreed upon via the ‘Website’ or ‘Services’. The risk for loss, damage or theft is transferred to the Renter from the start of the rental period;
(h) you acknowledge that, as you have received payment for the rental charges following the exchange of the item of equipment to the Renter, you cannot cancel the rental before the end of the rental period is complete as agreed upon by both parties.
8.11. Return of item of equipment
(a) at the end of the rental period (the time of return, exchange of the item of equipment back to the Lender), you must inspect the item (including any accessories) and ensure that it is returned in the same condition as it was at the beginning of the rental period, save for any pre-existing damage or issues with the item of equipment identified and acknowledge previously at the time of initial Pickup/Delivery of the item;
(b) you must notify us of any failure to return, or damage to, the item of equipment within 24 hours of the end of the rental period (or any earlier return date). Similarly to the initial handover of the item of equipment, any damage or issues with the item of equipment to have occurred during the rental period must be noted and photographic evidence of the damage using a smartphone (photos must be time-stamped and dated) must be taken. Details of this damage must be provided to Pinlend within 24 hours of the end of the rental period to aid with any disputes between the two parties;
(c) you understand that a failure to notify us within this set time of 24 hours will result in the return of the cash deposit to the Renter and releases us from any further involvement with any dispute claims made by you.
9. OUR ROLE AND RESPONSIBILITIES
9.1. We will:
(a) for the time the item of equipment is listed for rent on the Website or Services list the item without any charge or commission to you;
(b) provide you with the rental service; and
(c) facilitate communication between both the Lender and Renter in relation to the organisation of delivery or pickup in relation to the item of equipment.
(d) We may also advertise links to the item of equipment on third party websites to increase exposure and your opportunities to earn rental income from the item of equipment. We may also use the photos of the item of equipment you upload to the Website or Services to promote Pinlend and the rental service.
(e) facilitate the payment of the rental service to you, after deducting Pinlend’s service fee and applicable taxes (if any).
9.2. We are not liable to you for:
(a) the condition of the item of equipment before or after the rental period on the Website or Services;
(b) any claims made by the renter against you in relation to the rental of the item of equipment;
(c) any incidental expenses incurred by the Lender in relation to the rental of the item of equipment; and
(d) any failure by the Renter or Lender to comply with this Terms and Conditions of Use document.
10. PAYMENTS AND TAXATION
10.1. By Pinlend offering the Services to you, you agree that:
(a) a service fee of 15% will be applied to each transaction; and
(b) a portion of this used to cover the Stripe service processing fee
10.2. All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
10.3. Stripe payment system terms
(a) Payment processing services on the ‘Website’ or ‘Services’ are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the Stripe Services Agreement). By agreeing to these Terms or continuing to hold an account on the ‘Website’ or ‘Services’, you agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time.
(b) As a condition of the ‘Website’ or ‘Services’ enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you and your business, and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe.
10.4. At our sole discretion, Pinlend may offer a beta introductory service fee discount that will be offered to early adopters of the platform.
10.5. Fee adjustments
(a) Pinlend may increase its fees for any individual members effective the first day of a renewal term by giving the member notice of the new fees at least thirty (30) days before the beginning of the renewal term.
10.6. Pinlend is not responsible for any taxes that arise as a result of the transactions between Members from using the Website or Services, including without limitation income taxes, goods and services taxes, stamp duty and any and all other forms of impost, withholding or Federal or State charges. All Members agree that they are responsible for:
a) determining what taxes will result from entering into or performing a booking request, Contract; and
b) paying all such taxes as and when they are due.
11.1 Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with these Terms, are listed in Australian Dollars (AUD) and are GST inclusive.
12. PROMOTIONAL CODES
12.1. Pinlend may, in its sole discretion, create promotional codes that may be redeemable for the account credit or discounted services;
12.2. Promotional codes may not be duplicated, sold or transferred in any manner, or made available to anyone but its intended recipient. Pinlend at its sole discretion can redeem or refuse promotional codes at any time, for any reason.
13. REFUND POLICY
13.1. Since Pinlend is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, Pinlend does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.
13.2. Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then Pinlend requires the Receiver to:
(a) contact the Provider directly to request a refund; and
(b) if contacting the Provider is not successful after fourteen (14) days, contact Pinlend through the 'Contact Us' section of the Website outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services.
13.3. If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately:
(a) contact Pinlend through the 'Contact Us' section of the Website; and
(b) provide both the email from the Receiver requesting the refund to Pinlend .
13.4. If the Provider agrees to a refund it is acknowledged that the Provider will instruct Pinlend to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by Pinlend in processing the refund.
13.5. Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.
14. THIRD PARTY WEBSITE
(a) Pinlend works with a number of partners and affiliates who websites are linked with Pinlend ad are controlled by parties other than Pinlend (each a “Third Party Website”).
(b) Pinlend is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website, any website accessed from a Third Party Website or any changes or updates to such sites. Pinlend makes no guarantees about the content or quality of the products or services provided by such sites. If you have purchased a package that includes any Third Party Services, the third party may contact you by email and/or phone with instructions on how to access your benefits and to keep you informed of their services. You may be required to accept additional terms located on the Third Party Website.
(c) Certain services made available on Pinlend are delivered by third parties. By using any product, service or functionality originating from the Pinlend Website, you are allowing Pinlend to share information with any third party with whom Pinlend has a pertinent contractual relationship – any information necessary to facilitate its provisions of products, services, or functionality to you.
15. COPYRIGHT AND INTELLECTUAL PROPERTY
15.1. The Website, the Services and all of the related products of Pinlend are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) (the “Content”) are owned or controlled for these purposes, and are reserved by Pinlend or its contributors.
15.2. Pinlend retains all rights, titles and interest (including copyrights, patents and trademarks) in and to the Website, Services, products and all related content therein. Unless otherwise indicated, the Terms do not transfer to you any Pinlend or third party’s right, title, and interest in copyrights, patents and trademarks.
15.3. All trademarks, service marks and trade names are owned, registered and/or licensed by Pinlend , who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
15.4. Pinlend does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Pinlend.
15.5. Pinlend retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
15.6. You may not, without the prior written permission of Pinlend and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
15.7. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Pinlend a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
15.8. You acknowledge and agree that Pinlend may use your logo, branding or other trademarks (the “Trademarks”) for Pinlend marketing efforts. You grant to Pinlend a non-exclusive, non-transferable, royalty free right to use the Trademarks. If you do not wish that your Trademarks be used, you may request for a removal of your Trademarks from Pinlend’s marketing materials by contacting Pinlend at email@example.com. Upon receipt of the request, Pinlend will use reasonable endeavours to remove the Trademarks from any future marketing material which is published 30 days from the date of the request.
17. GENERAL DISCLAIMER
17.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(a) If you are not a Consumer (under the Australian Consumer Law), you agree that Pinlend has no direct or indirect liability (including in negligence) to you in any way related to your use of Pinlend.
(b) If you are a Consumer (under the Australian Consumer Law), Pinlend limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law.
(c) Where there is breach of the Consumer Guarantees, then to the maximum extent permitted by Law, Pinlend’s liability to you is limited at its option to:
i. In the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and
ii. In the case of services, resupply of the services or payment of the cost of re-supplying the services.
17.2. Subject to this clause 16.1., and to the extent permitted by law:
(a) We exclude all representations, guarantees or warranties, whether express or implied by statute, trade or otherwise; and
(b) Pinlend will not be liable for any liabilities, claims, costs and expenses (including legal costs), damage or injury or any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
17.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Pinlend make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Pinlend) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Pinlend ; and
(d) the Content, Services or operation in respect to links which are provided for your convenience; or
(e) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relation to or constituting such conduct.
17.4. You acknowledge that Pinlend Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Pinlend holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
18. LIMITATION OF LIABILITY
18.1. Pinlend's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed:
(a) the most recent fee paid by you to Pinlend for the Services under these Terms;
18.2. You expressly understand and agree that Pinlend, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any loss or damage, or for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
18.3. Pinlend is not responsible or liable in any manner for any user content or other content posted on the Website or in connection with the Services, whether posted by the Members or by the Member Accounts or by any third parties.
18.4. Pinlend is not responsible for the behaviours and actions of its Members, their comments, posts or information they upload. Accordingly, Pinlend is not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter on the Website of in connection with your use of the Services.
18.5. You acknowledge and agree that Pinlend holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
19.1. You agree to indemnify Pinlend, its officers, directors, affiliates, sub licensees employees, agents, successors, contributors, third party content providers and licensors from and against any and all claims, damages, liabilities, losses settlements, costs and expenses (including, without limitation lawyers’ fees and court costs) which arise out of or relate to your use of the Website and/or Services, including but not limited to:
(a) any misuse of the Website or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
(b) any act or omission (including negligent acts or omissions) of the Legal Professional in the performance or purported performance of any Services;
(c) your breach of the Terms and Conditions of Use;
(d) the use of intellectual property created in respect of the Services not contemplated by the Terms or as a consequence of a breach of the Terms; or
(e) any activity which you engage on or through Pinlend.
19.2. This indemnity will survive termination of the Terms.
20. TERMINATION OF CONTRACT
20.1. If you want to terminate the Terms, you may do so by providing Pinlend with ‘7 days' notice of your intention to terminate by sending notice of your intention to terminate to Pinlend via the 'Contact Us' link on our homepage.
20.2. Pinlend may at any time, terminate your access to all or any part of the Website of Services, with or without notice.
20.3. Your elected termination will be effective upon receipt of the notice of your intention to terminate by Pinlend.
20.4. Termination of Pinlend service
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Pinlend is required to do so by law;
(c) Pinlend is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by Pinlend is, in the opinion of Pinlend , no longer commercially viable.
20.5. Subject to local applicable laws, Pinlend reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Pinlend’s name or reputation or violates the rights of those of another party.
20.6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Pinlend have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
21. DISPUTE RESOLUTION
(a) A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute (the “Notice”).
(b) On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(c) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Disputes Centre or his or her nominee and attend a mediation. In the case of a dispute with Pinlend, the Australian Disputes Centre, 1 Castlereagh St, Sydney NSW 2000, Australia;
(d) It is agreed that mediation will be held in the nearest capital city in which the dispute is made. In the case of a dispute with Pinlend, all mediation hearings will be held in 1 Castlereagh St, Sydney NSW 2000, Australia.
(e) For the avoidance of doubt, the Parties need not attend the mediation or other means of resolution in person. The Parties may attempt to resolve the matter via any means of electronic communications.
(f) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(a) All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
(a) If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
(b) In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
22. GOVERNING LAW
23. VENUE AND JURISDICTION
The Services offered by Pinlend is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms will be enforced to the fullest extent permitted by applicable law. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
25.1. A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it.
25.2. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
25.3. The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.
26. ENTIRE AGREEMENT
The terms constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.
27. INDEPENDENT LEGAL ADVICE
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
28.1. Pinlend may assign or transfer its rights or obligations under these Terms without your consent.
28.2. You may not assign or transfer your rights or obligations under these Terms without prior written consent of Pinlend. A purported assignment without written consent will be deemed to be void and convey no rights.
29. LIMITATION OF ACTION
You agree that any cause of action related to or arising out of your relationship with Pinlend must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Neither party will disclose to any third party details of this agreement or any of the negotiations undertaken in relation to this agreement without prior written consent of the other.
If you wish to notify us about anything relating to the Terms and Conditions of Use, please contact us at firstname.lastname@example.org.